Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

 Competition law in Brazil was governed by Act No 8.884 of 11 June 1994 until the adoption of Act No 12.529 of 30 November 2011. Although competition rules existed before (the Administrative Council of Economic Defense - Conselho Administrativo de Defensa Econômica [CADE] was created by Act No 4137 of 10 September 1962), only after 1994 has an effective competition policy enforcement been possible …

Context

 Competition law in Brazil was governed by Act No 8.884 of 11 June 1994 until the adoption of Act No 12.529 of 30 November 2011. Although competition rules existed before (the Administrative Council of Economic Defense - Conselho Administrativo de Defensa Econômica [CADE] was created by Act No 4137 of 10 September 1962), only after 1994 has an effective competition policy enforcement been possible. With the 1994 Act, the competition authorities' focus shifted from basically direct intervention in the market for the purpose of protecting the “popular economy” to topics more in line with the range of subjects usually identified with modern competition policy, such as abuse of a dominant position or restrictive practices. The 2011 Competition Act purported to align Brazilian merger control with US and EU standards and to put an end to the inefficiencies brought about by the overlapping jurisdictions of the three Brazilian competition authorities.

The Competition Act was amended on 17 November 2022 by Law No. 14.470/2022, which aims to improve private enforcement in Brazil.

The Competition Act applies to behavior wholly or partially carried out within the Brazilian territory or whose effects are or may be suffered therein (Article 2). It sets out antitrust measures in keeping with constitutional principles such as free enterprise and open competition, the social role of property, consumer protection and restraints or abuses of economic power (Article 1). Pursuant to Article 36, the Act prohibits behavior intended to or that may I) limit, restrain or injure competition or free enterprise, II) control a relevant market for certain products or services, III) increase profits on a discretionary basis and IV) abuse one's market control. Finally, the Act applies to individuals, public or private companies, as well as to any individual or corporate associations, established de facto and de jure - even on a provisional basis - irrespective of a separate legal nature, and notwithstanding the exercise of activities regarded as a legal monopoly (Article 31).

Global Competition Law

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Les notions juridiques connexes

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Les notions juridiques connexes

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